Summary: We cannot investigate Mr X’s complaint about a statement a social worker provided to the court in court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. The complainant, Mr X, complains the Council has not considered his complaint about a statement a social worker provided to the court in proceedings relating to his children. Mr X says the social worker provided incorrect information in the statement.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains about a report a social worker provided to the court in proceedings relating to his children.
8. The Council told Mr X it could not consider his complaint via its complaints procedure because it relates to court proceedings. It explained that if Mr X seeks to re-establish contact with his children this is a matter he would need to return to the courts.
9. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law says we cannot investigate complaints about matters that have been subject to court proceedings. We have no discretion to do so. This restriction means we cannot consider complaints about evidence the Council provides to the court in proceedings.

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Final decision

10. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman